By Whitmire                                     S.B. No. 1010

      75R7698 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of "custody" for the purpose of

 1-3     prosecuting the offense of escape.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 38.01(1), Penal Code, is amended to read

 1-6     as follows:

 1-7                 (1)  "Custody" means:

 1-8                       (A)  under arrest by a peace officer or under

 1-9     restraint by a public servant pursuant to an order of a court of

1-10     this state or another state of the United States; or

1-11                       (B)  under restraint by an agent or employee of a

1-12     facility that is operated under contract with the United States and

1-13     that confines persons arrested for, charged with, or convicted of

1-14     criminal offenses.

1-15           SECTION 2.  (a)  The change in law made by this Act applies

1-16     only to an offense committed on or after the effective date of this

1-17     Act.  For purposes of this section, an offense is committed before

1-18     the effective date of this Act if any element of the offense occurs

1-19     before the effective date.

1-20           (b)  An offense committed before the effective date of this

1-21     Act is covered by the law in effect when the offense was committed,

1-22     and the former law is continued in effect for that purpose.

1-23           SECTION 3.  This Act takes effect September 1, 1997.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.